Legal Opinion · Dissent

Williams v. State

Court of Appeals of Mississippi

Decided December 15, 2009No. 2008-KA-00695-COAPublished

1DissentRoberts, J.

¶ 83. The first issue in this case requires that this Court determine whether there was enough evidence to require granting David Jackson Williams’s request for a lesser non-included instruction on assisted suicide. The majority finds that there was insufficient evidence to justify instructing the jury on Williams’s defense theory that he assisted in Demetria Bra-cey’s suicide. But for the Mississippi Supreme Court’s clearly-established precedent to the contrary, I would agree with the majority. However, this Court is an intermediate appellate court, and as such, we have no authority to…

2Cases cited23 opinions

  1. Schmuck v. United StatesSupreme Court of the United States · 1989
  2. Mease v. StateMississippi Supreme Court · 1989
  3. People v. BirksCalifornia Supreme Court · 1998
  4. People v. GeigerCalifornia Supreme Court · 1984
  5. Hopkins v. ReevesSupreme Court of the United States · 1998

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